HOA Dues

Do you have the receipt from the bank cashiers check? Does the bank say it was cashed? and by whom?
As far as requiring you to pay up front, read your governing docs regarding assessment collections.
have a copy of your cashiers check and demand a hearing before the board of directors that you paid your assessments.

Do you live in a condo or townhouse? Is your policy an HO6? There are some riders and addendum's that are required

The president probably asked you to wait until January until the 2018 budget was set, as that would affect the assessment if that increased.

Your association's policy sounds similar to my community - if 60 days go by without a payment (we pay assessments monthly), the account is accelerated, meaning all remaining fees for the year immediately become due and payable. By that time, we've turned the account over to the attorney and in addition to the late fees and assessment, the homeowner now has to pay the attorneys fees and a collection cost our management company charges when it has to send out two and three letters requesting payment.

All of this may sound unfair to you, but if it's in your collection policy, it's your responsibility to know it and act accordingly. It would have been nice if the president had reviewed this with you back in October. By the way, paying assessments and getting the services provided by the association are separate issues. If your snow wasn't shoveled, you can and should complain about that to find out why, but that doesn't relieve you of paying assessments (how else will the snow removal people get paid?) It doesn't matter if you use some services and not others (such as the pool). Our community once had a pool and I never used it, but because that was covered by the assessments, I couldn't deduct that part from my payment. Association living isn't like a cafeteria, where you might get the fish and chips, but skip dessert.

One more thing - it's great that you've put a lot of work and money into upgrading the house, but that has nothing to do with paying assessments either.

Personally, if someone came to me with a check for the entire year, (I was treasurer of my board), I'd take it! I would have also explained the assessment might increase, but if it did, you'd only be responsible for the difference - you could pay that in January or the amount paid would be applied every month until it ran out (say, June) and then you'd have to pay the rest of 2018 from that point.

Of course, that didn't happen here - or did it? At the time you offered this check, was your account current? If not, the check was probably applied against the balance and if it paid that off, you still have 2018 to to pay. Are you saying you offered the check, the president said no, you took the check home and have now misplaced it?

If that's what happened, that's on you - it might have been best to have that check cancelled and then get another one to pay 2018 and this time you'd know what the 2018 fee was. Ditto for the coupon book - apparently you did receive it at some point, so if you lost it, why not call the property manager to get another one? You could have also asked what the 2018 assessment was and pay it accordingly.

If the president took the check, it would seem to me it wouldn't have been necessary to send your account to collections because there would have been some money to apply against your account? Unless of course, you already had a previous balance - any money you paid last year would have been applied to that amount and once it's paid up, you must still proceed with 2018.

Now that the attorney is involved, you'll probably have to settle of of this with him/her. Ask for a meeting to make payment arrangements and that the association president attend so he can hear your side of all this. Hopefully, this can be settled without you paying any legal expenses or at least get a reduction of the same.

I was current, just had plans to return to my home in FL during the winter. So, as far as the home owner insurance requirements..?

The tenant can withhold rent, but it still gets paid into an escrow account. Once the courts decide the case, it either gets returned to the renter or to the owner. The payments still get made monthly. What type of house is this? townhouse, condo or single family house? Did you read all the docs before your purchase? Things like insurance should have been spelled out in the docs. I do understand that some HOAs require insurance if you are in a multifamily unit. If something were to happen, say a fire, and it spreads to other units they want to make sure you have the $ to cover.

I agree.

Is your home a condominium? If so, there is one law that may help you.

If not a condo, is your HOA over 21 years old? If so, your covenant's may have expired.

In my opinion, the HOA should not have a lawyer involved in less than 90 days. How much are the legal fees so far?

Well tell me how that works out for you when one of them crashes into your car or causes your house to burn down...Would you feel comfortable knowing your neighbor doesn't have insurance? Or have those who don't purchase insurance because they think the HOA's insurance covers them?

Melissa, It's none of my business whether or not my neighbor(s) has insurance. I have insurance that takes care of me and my possessions. Please do some research on being self insured. It happens a lot. Paying insurance premiums when it's not necessary is sometimes foolish.

If they crash into my car, my insurance will take of it. If my house burns down my insurance will take care of it. If my insurance company feels they have a case to subrogate, they can do so.

And I do not see where anyone assumed the HOA insurance would cover anything.

Back on topic-

Brandi- is your home a condo or townhouse? Or is it a single family stand alone home? If it's a condo or attached town home, I can certainly see how they could require insurance.

Insurance agents want you to have insurance for everything. Just as a car salesman wants everyone buying a car.